Gun Grabber Heads Implode as DC Ban Ruled Unconstitutional – All law abiding can now carry

gunconstitution

Shockingly over the weekend a Judge ruled that “the right to keep and bear arms” ACTUALLY included bearing arms.

In Palmer v District of Columbia, Federal Judge Frederick Scullin Jr. ruled that the Second Amendment existed OUTSIDE a person’s home.  With a decision so obvious I do wonder why it took 5 years to issue this decision.  

Perhaps the five year wait had to do with Judge Scullin delving DEEPLY into both Heller v DC and MacDonald v Chicago to issue this resounding and total conclusion:

 “there is no longer any basis on which this court can conclude that the District of Columbia’s total ban on the public carrying of ready-to-use handguns outside the home is constitutional under any level of scrutiny.”

That wording is important.  According to the correct ruling of Judge Scullin, the right to bear arms is just as paramount as the right to keep them.  And there is NO BASIS in which that right should be denied.  Furthermore, when Judge Scullin says that the courts cannot uphold a ban under ANY level of scrutiny, he is referring to the three judicial levels of scrutiny that judges use when dealing with whether a law is able to be enforced.

These levels are rational basis review, intermediate scrutiny and strict scrutiny.

With strict scrutiny a law must be justified by a compelling government interest, narrowly tailored, and must be the least restrictive option to achieve that interest.  Obviously blanket gun bans that deny the rights of law abiding citizens do no pass this level of scrutiny.

With intermediate scrutiny, a law must be pertaining to an important government interest in a way that is substantially related to that interest.  Once again, to say that lowering crime is the government’s interest, how does disarming the law abiding and turning them into potential victims substantially do that?

Finally, with rational basis review, if a gun ban is to survive it would be at this level.  “Rational basis review” simply means that the enactment in question is “rationally related” to a “legitimate” governmental reason offered as its justification.  This level of review basically gives a LOT of leeway for the government to pass laws that equate to patting the collective head of the people and saying, “we know best and this is for your own good.”

But according to the ruling handed down by Judge Scullin, EVEN THIS level of review cannot merit a total gun ban on the law abiding citizens of Washington DC.

Not only did Judge Scullin completely dismantle the DC infringement machine, but also wrote that the court:

“enjoins Defendants from enforcing the home limitations of [D.C. firearms laws] unless and until such time as the District of Columbia adopts a licensing mechanism consistent with constitutional standards enabling people to exercise their Second Amendment right to bear arms.”

What does this mean?  Well, until the DC gun grabbing machine regains its footing to put together some draconian licensing scheme, Washington DC is currently a Constitutional Carry City.  That is to say, they cannot arrest any law abiding citizen for carrying their gun in the city.

DC Police Chief Lanier, with guidance from the Attorney General, has informed his officers not to arrest any person who is carrying a handgun that they legally are allowed to posses.  DC residents would still need to have said weapon registered but that does not apply to out of state visitors.  With that being said, Lanier reminds people that this only covers handguns as the ruling did not specifically address shotguns or rifles.  Also the Assault Weapons Ban is still in effect in DC along with a 10 round magazine limit.

So the only gun arrests now in DC can be DC residents with unregistered guns and non-residents who are prohibited under federal laws.

As I said before, I’ve no doubt that this will be short lived as gun hating city politicians will no doubt move quickly to try and once again subvert the Constitution and the liberty of the people.  But for now, the law abiding have been unshackled in our nations capital.

What do the gun grabbing zealots in DC’s city government have to say?  A whole lot of “no comment.”  Which is a lot smarter than the verbal diahrea that City Council Chairman Phil Mendelson started to spew.

Mendelson went on a little diatribe about how DC is special because important people live there and therefore little people…like the general public…should have their rights infringed.  Because of the District’s unique national security concerns, the right to carry a firearm in public “must be more heavily restricted than any place else in the nation.” 

He went on to say:

“Four U.S. presidents have been assassinated by gunfire, and at least five others have been shot at, including Ronald Reagan who was seriously wounded in 1981. Neither the Secret Service nor the Capitol Police will disclose all incidents where they have recovered firearms, but we do know that just two years ago someone hit the White House with gunfire, and there are frequent threats on the foreign diplomatic corps.”

Let’s break that down.  First, only one president has been assassinated in the past 110+ years and that was with one or maybe more shooters in grassy knolls and book depositories as he was driving down the street in his convertible.  But Lincoln, Garfield, and McKinley?  The way Mendelson makes it sound is as if the LAST four presidents were assassinated.

Mendelson, though he probably doesn’t realize it, is one of those gun grabbers that points to the abject failure of gun control to support his claim that MORE gun control is needed.  Just look at it, up until Saturday there was a total ban on carrying guns, yet President’s were shot at, the White House was taking fire, DC is the murder capital of the US and so on.  Obviously, the gun ban isn’t working.  So maybe…juuuuuuuust maybe, Mendelson’s claim that DC must be more heavily restricted than any place else in the nation is EXACTLY what is WRONG.

I think this is a momentous win for gun rights and American Liberty in general though I temper my enthusiasm in contrast to the lead attorney for the Second Amendment Foundation Alan Gura, who said after the ruling:  “We won.  I’m very pleased with the decision that the city can’t forbid the exercise of a fundamental constitutional right.”

But they will most assuredly try.  The fight is not over…it has merely begun.

Fortunately we have gotten off on the right step.

Congratulations America…you have a capital that is a little less oppressive.

Let’s work to keep it that way.

  • GRAMPA

    City Council Chairman Phil Mendelson feels that the ruling class needs special protection because they are the “IMPORTANT” people. Just a point on the statement he made on fow many presidents were killed by guns and how many were wounded and shot at. I will bet him a dollar that you can name the people who did the shootings, how many can name the gun types used in the shootings? My point is now proven that it is people who choose to use a gun who is responsible and not the gun. When we ban all guns or limit the bullets in the magazine. Limit the rounds to ten and the bad guy or most of them can count to ten. Now you must reload and most people cant toss the mags up in the air and have them reload. The bad guys will now move because they know that you are not prepared and you cant shoot. If you have twelve or eighteen rounds and you stop at ten and they stick their head up you have the advantage and can defend yourself. Our government feels they should decide who has the right to life. It is time these ruling class is reclassified as the dinosaurs they are and listed as extinct.

    We can start in November by voting. I see so many people griping about the government but they wont get off their dead center and vote. They don’t know who they are voting for and they don’t know their voting record. We vote for a name we recognize, we vote for a single issue that happens to fall within their personal beliefs. Our government knows this and uses the peoples ignorance against them.
    Times up time to vote.
    Grampa

  • Larry R. Herron

    GREAT!!! I am very happy for the freedom loving people of D.C.

  • MortarMan107

    How long will it be before the Muslim-in-Chief pulls out his pen and issue another Fatwa against the people of DC and make targets of them again?

    Oh, and Judge Scullin? Get a food taster and a really good bodyguard. The Constitution haters aren’t going to let this go easily.

  • Frank Zappa

    Phil Mendelson has a problem with Erectile dysfunction, because he’s impotent. …Oh No that was important. Phil What Could This Mean? Are you a Pr!-Ck?

    Well in any case he is full of himself which is what is wrong with this Countries Alleged Pubic Servants. They failed at Civics 101 and that they have risen above the “Surf’s” that serve at their pleasure, and just do what I tell you and there won’t be any problem’s, no one gets hurt. This POS has likely never shot a Daisy BB gun in his life.
    Someone please FIRE THIS A*HOLE.

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  • If the jews who run America want to confiscate our guns, it will probably happen. They wanted the U.S. military to take over The Middle East for them, and they got their way on that. Jews – the founders of communism – have been behind ALL of America’s gun control laws: http://www.realjewnews.com/?p=174

    Jews/communists didn’t allow Gentile citizens in the USSR to have guns, and you’re foolish if you think they’ll allow you to keep yours. They don’t care how many millions of us the Marines have to shoot down. In fact, they like killing Gentiles – they murdered over 100,000,000 in the USSR and Eastern Europe from 1917 to 1989. This included 20 to 30 million Christians.

    You socalled conservatives did a very stupid thing by letting the jewish Trojan Horse through the gate. They tell you they’re God’s Chosen and you believe them. Even though it’s inconceivable that God’s Chosen could have ever come up with GODLESS communism: http://tinyurl.com/JewsFoundedCommunismPeriod.

    When you decide you’re really serious about protecting our gun rights and our freedom, start purging the jews/communists from our Congress. And keep them out. And their shills. Also, block them and their operatives from subverting the Whitehouse and our regulatory agencies. WITH ALL YOUR MIGHT!

    Until you can be men enough do these things, America will not be a free country again. And don’t give me any crap about antisemitism. If jews attack us as Gentile-hating jews determined to destroy our American way of life, they have to be fought as Gentile-hating jews determined to destroy our American way of life.

    This judeocommunist agenda has been on the drawing board for at least 100 years. Read it yourselves: http://100777.com/protocols

    >>> JEWS/COMMUNISTS ARE AMERICA’S CLEAR AND PRESENT DANGER.

    General Patton said we made a bad mistake when we stopped Hitler from laying waste to the Soviet Union. He died a short time later in a very mysterious accident. Because he was speaking the truth.

    Truthmonger.info

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